Lawyer will seek to block Patriots payments to Hernandez on Wednesday

As the multiple prosecutions of Aaron Hernandez continue to percolate, an effort to block him from receiving any additional money from his former NFL team hits full boil on Wednesday.

Via the Associated Press, a lawyer representing the estates of Daniel de Abreu and Safiro Furtado will ask a judge during a Wednesday hearing to block the Patriots from paying any further money to Hernandez. The goal is to ensure that the money will be available if/when it’s proven in civil court that Hernandez killed the two men.

“It’s really a motion to prevent any further payments to be made by the New England Patriots to Mr. Hernandez pending any further action of the court,” lawyer William Kennedy said. “What we’re looking to do is preserve as much as we possibly can — any assets — for the satisfaction of the families of the two decedents.”

Hernandez has filed a grievance seeking the payment of bonus money and other guaranteed sums from the team. Because the Patriots cut Hernandez promptly after he was arrested, the Patriots arguably have forfeited the ability to keep $3.25 million in bonus money that was earned by Hernandez when he signed his contract in August 2012 but not actually due to be paid until March 2014.

Which means that the $3.25 million ultimately will be available to the estates of at least two of Hernandez’s three alleged victims.

Which means that, by fighting to keep Hernandez’s money, the Patriots essentially are fighting to keep money from the families of the people he allegedly killed.

That last sentence is a bit too subjective to me. Lawyers will get their hands on it and only a fraction will actually go to the victims. Also, you’d think the issue of whether the Patriots owe him that money would be pretty clear from looking at his contract so I don’t know that it is fair to try to guilt the Patriots into paying that amount if they aren’t required to by the contract.

“Which means that, by fighting to keep Hernandez’s money, the Patriots essentially are fighting to keep money from the families of the people he allegedly killed.”

Why should the Patriots pay for Hernandez’s actions? Assuming the plaintiffs prevail, they can go after Hernandez’s assets.

It is a cheap shot to say the Patriots are trying to keep money from the families.

Asian Reporter Tricia Takanawa says:Jul 2, 2014 9:56 AM

I think it is a little disengenuous to make the leap that the Pats witholding from Hernandez means they are consciously witholding from the the victims. That sounds like a Pelosi or Reid type of statement.

Your argument is basically saying the Pats owe Hernandez and they should pay him, allowing him to blow the money on legal fees, leaving empty coffers for the victims. I am in favor of what ever means necessary to keep the money from AH until all of the legal stuff has been cleared up. At that point, if the courts rule the Pats need to make the payment, and they withold, then you can make your leap

floratiotime says:Jul 2, 2014 9:59 AM

What’s the franchise tag number for murderer? Average of the top 3?

doctorrustbelt says:Jul 2, 2014 10:01 AM

It’s a real shame how the new england patriots put the community at risk when they hired this murderer.

You would have skewered Kraft and the Patriots over a million ways to Sunday if they had chosen to keep Hernandez on their roster until the deadline passed, solely for financial reasons.

Since the organization did the right thing and cut an alleged serial murderer from the team immediately after his arrest, now you’re accusing them of trying to hold onto their money. Admit it, you just enjoy skewering them since they were damned if they didn’t cut him and still damned for cutting him early a year later.

As a lawyer, you know the legalese of either avenue, but you choose to make it all about hoarding money and ‘keeping it from the victims’. Hernandez has already lost lawyers because he’s running out of money. There won’t be much left for the victims at all – even with his bonus or salary being paid by the Krafts.

I don’t understand, I thought every professional sports team had a “conduct” clause simply stating that if the athlete (in this case of course Aaron Hernandez) were subject to negative let alone heinous actions (detrimental conduct) that their contract could be null and void. So why would the Patriots have to pay this guy one cent?

regamoto says:Jul 2, 2014 10:07 AM

I’m sure when it’s all said and done the Pats will do what’s right.

700levelvet says:Jul 2, 2014 10:07 AM

It’s not victims money… It’s lawyers money … Simple as that

jayhawk6 says:Jul 2, 2014 10:09 AM

This is basically one school of pirhanas complaining that a different bunch will devour everything first.

Like it or not, the money is due AH and he is likely to spend it fighting criminal charges.

I can’t believe that haven’t found some sort of loophole to not pay that jackass anything. If they have to pay him the money then it should be paid to the victims families after what he’s done (allegedly wink wink).

Patriots need to pay up regardless. Hernandez is a bad dude, but they signed a legally binding contract. The legal system needs to play out and this will result in Hernandez receiving life in prison and a giant judgment against him for wrongful death with his assets going to the victims.

weepingjebus says:Jul 2, 2014 10:17 AM

The Patriots definitely handled this well — the media was setting it up to dog them all season and possibly cause permanent damage to the franchise. Instead Belichick and Kraft cut ties with the guy as soon as news broke, and then the Dolphins melted down instead.

@sterling7 They cut him too fast for the “conduct unbecoming” rule.
Assume that [your favorite good guy player] is accused by a pack of fame chasing lying fans of [his rival team]. If the team cuts him b/c of the accusation, not b/c of facts, the team is on the hook.

The money being stalled will end up in yet another court b/c the victims (and their laywers) will have to fight his lawyers on who gets first dibs.

Since he is out of money now, he is losing his high priced legal defense, which is correct. Assuming his new lawyers are not dumb, there is probably a “pay me first” clause in there attaching the Patriot bonus money.

Definitely don’t agree with that cheap shot you took at the Patriots in the last sentence. They aren’t bad guys for refusing to give a murderer his money and they are in no way responsible for making sure that Hernandez’s victims are compensated.

sacpete1 says:Jul 2, 2014 10:49 AM

“Which means that, by fighting to keep Hernandez’s money, the Patriots essentially are fighting to keep money from the families of the people he allegedly killed”

Really Florio?? Do you spin things the way you do to justify your beliefs or is it just to antagonize and get more clicks?

There surely is an ulterior motive to blocking his payments besides just keeping money intact for the victim’s families to recoup in a Civil suit. If Hernandez’s funds are blocked, this greatly hampers his ability to pay his own attorneys, who have already expressed concern about their ability to continue representing Hernandez without being compensated properly. By weakening his financial state, they may be able to also weaken his legal defense, which only makes the road smoother for the prosecution.

That’s weird. I thought Ms. July was Erika Elaniak not Aaron Hernandez.

wannabeqb says:Jul 2, 2014 11:33 AM

It seems the CBA on this matter is a backwards. For the teams and the league, the idea that you should keep a nightmare like Hernandez on the roster in order to recoup salary cap/real money is just stupid. The Patriots cut him as soon as the allegations proved to have some substance behind them (as signified by the arrest). By doing so, they protected the league and themselves to some extent. Oviously he’s still a stain.

Shouldn’t the teams be encouraged to kick nightmares like AH out of league rather than punished by the cap? I know the union is supposed to always be on the side of the player but I do think in exceptional circumstances (like say, alleged multiple murders), doing so is bad for everyone (except his lawyers).

The only way the NFLPA would let the Patriots off the hook is if Aaron Hernandez is found guilty in the double murder. That’s because he would have signed his contract extension fully knowing he had not disclosed conduct that would be considered harmful to the team.

The CBA wasn’t geared for situations as serious as this, but I would hope player reps would support the Patriots actions and not allow the NFLPA to continue fighting for Hernandez to get his money.

bsizemore68 says:Jul 2, 2014 12:20 PM

I think it would be correct to wait until the guy has his day in front of a judge and jury before you call him a murder. People are leaving prison every day because they were not guilty as charge, how about holding judgments until its over with, remember OJ and his trial. Bill…would I be shock if he is found guilty? No.